Sandra Velosa

What do I need if I want to work in Canada?

This is one of the most common questions we receive on a daily basis and the answer is simple. A job offer. However, a job offer on its own is not enough. It needs to be supported by a labour market impact assessment (LMIA).

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that verifies that there is a need for a foreign worker to fill a specific job in Canada and that there is no Canadian citizen or permanent resident available to do that job. An LMIA is required for most types of work permits for foreign workers in Canada. Employers must apply for an LMIA and pay a fee, and must also demonstrate that they have made efforts to recruit Canadian citizens or permanent residents for the job.

How is an LMIA obtained?

To get an LMIA, the employer has to apply for it and pay a fee. The application process involves providing detailed information about the job offer, the company, and the recruitment efforts made to hire a Canadian citizen or a permanent resident. ESDC will then review the application and assess if the job offer is genuine and if the hiring of a foreign worker will not have a negative impact on the Canadian labour market.

To get an LMIA, the employer has to apply for it and pay a fee. The application process involves providing detailed information about the job offer, the company, and the recruitment efforts made to hire a Canadian citizen or a permanent resident. ESDC will then review the application and assess if the job offer is genuine and if the hiring of a foreign worker will not have a negative impact on the Canadian labour market.

Can I apply for a work permit without an LMIA?

An LMIA is an important document as it is a pre-requisite for most types of work permits for foreign workers in Canada. Without an LMIA, a foreign worker cannot apply for a work permit. LMIA also helps to ensure that Canadian citizens and permanent residents have the first opportunity at job openings and that the hiring of foreign workers is done in a way that is not detrimental to the Canadian labour market.

What documents do employers need to apply for an LMIA?

Job offer

The employer must provide a detailed job offer letter, outlining the duties and responsibilities of the position, the qualifications required, and the terms and conditions of employment.

Recruitment efforts

The employer must demonstrate that they have made efforts to recruit Canadian citizens or permanent residents for the job. This can include advertising the position in national and local newspapers, job boards, and social media, as well as reaching out to local employment agencies and schools.

Financial information

The employer must provide financial information, such as their company's financial statements, payroll records, and tax returns. This is to demonstrate that the company is financially stable and able to pay the foreign worker's wages.

Business registration

The employer must provide proof of business registration, such as a business license or articles of incorporation.

Government fees

The employer must pay the applicable government fee for the LMIA application.

Additional documents

Depending on the type of job and the foreign worker's qualifications, the employer may be required to provide additional documentation. For example, if the job is in a regulated occupation, the employer may have to provide proof of accreditation or certification.

It’s important to note that the documentation required for an LMIA application may change over time and it’s best to check the ESDC website for the most up-to-date information.

What are some of the reasons an LMIA can be denied?

A Labour Market Impact Assessment (LMIA) can be denied for a variety of reasons, such as:

The employer has not demonstrated that they have made sufficient efforts to recruit Canadian citizens or permanent residents for the job.
Negative impact on the Canadian labour market: The hiring of a foreign worker is deemed to have a negative impact on the Canadian labour market, such as causing displacement of Canadian workers or lowering wages and working conditions.
Insufficient information provided: The employer has not provided all of the required information or documentation for the LMIA application.
Fraud or misrepresentation: The employer has provided false or misleading information in the LMIA application.
Non-compliance with government regulations: The employer is found to be in non-compliance with government regulations, such as failing to pay proper wages or provide safe working conditions.
The job is not genuine: The job offer is not genuine or is not an actual job opening, but rather an attempt to circumvent immigration regulations.
The employer has a history of non-compliance: The employer has a history of non-compliance with immigration laws or regulations, such as failing to comply with the conditions of previous LMIAs or work permits.
The employer has a history of non-compliance with other laws: The employer has a history of non-compliance with other laws, such as labor laws, health and safety regulations, or taxes.

In Velosa Immigration we have helped numerous employers with their LMIA applications. You can book you consultation here: